You can apply for workers’ compensation benefits if you are hurt in an accident at work. The compensation includes medical costs, illness, lost wages, and future income loss. However, sometimes your employer might deny your compensation. If this is the case, you must file a claim. The Federal Bureau of Labor Statistics states that only 5 percent of people in New York are in construction. However, when it comes to work-related injuries, they account for 27 percent.
Since Albany is developing, this city has several construction projects; thus, the number of accidents might increase. You can file a lawsuit against the negligent party following an accident. However, navigating Albany construction accident lawsuits can be tricky and requires the help of legal experts.
If your claim gets denied, below are all the details regarding the reasons and solutions you must know.
Why was the Claim Denied?
If your employer has denied your workers’ compensation, it is vital to understand the reasons. Some reasons can be:
- You did not report the injury on time. You must inform your employer within 30 days of your accident in New York.
- You did not submit the claim on time. Like reporting the injuries, a time frame exists to file your plea. So, you must remember the statute of limitations and inform your employers about it as soon as possible. Also, if the deadline has passed, you must consult the lawyer to determine whether you are still entitled to benefits.
- Employer disputes claim: Your employer might say that the accident did not happen at the workplace.
- The injuries are not compensable: It becomes difficult to prove when you file a claim for stress-related injuries.
- You submitted an incomplete form: If you submit a wrong or incomplete claim form, you risk having your request denied. These mistakes are reversible; however, the board can only accept your plea based on the wrong filing of the form.
- No medical care: If you did not receive medical care after your accident, it might be difficult to prove your claim.
What are Your Options?
It goes without saying that when your employer denies your request, it can be confusing; you feel anger, confusion, etc. But it is not over; you can challenge your employer’s claim and seek legal help. You have 30 days to ask the New York State Workers’ Compensation Board to review the judge’s ruling if the administrative law judge once more rejects the claim.
Appeal the Compensation Denial
You have thirty days to appeal the compensation denial; your lawyer will help you with your filing. Your request will be reviewed by the New York State Workers’ Compensation Board. The board will decide whether to accept, modify or reject your plea. You can opt for a Full Board Review if you feel the judgment is not unanimous. If your claim gets denied, you can go to the Supreme Court of New York. Your lawyer will prepare a strong case and present all the evidence to the court, following the rules and regulations that will back up your benefits claim.
Do Not Engage with an Insurance Company on Your Own
If your claim gets denied, do not talk to the insurance companies without talking to the lawyers first. Insurance companies try to avoid paying any compensation, so they use different tactics. They might use your statements against your claims.
Conclusion
It can be disheartening if the employer denies your worker’s compensation claim; however, denying the claim does not mean you are out of options. Follow the steps mentioned above and hire a worker’s compensation lawyer, and you will have a higher chance of reaching a positive result.
